[171A Works under s 169 or s 171: charge for occupation of the highway] [171A Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable period]
Highways Act 1980 (1980 c 66) | Legislation

[171A  Works under s 169 or s 171: charge for occupation of the highway] [171A Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable period]

[(1) The Minister may make provision by regulations requiring a person carrying out any of the following works in a highway maintainable at the public expense—

(a) erecting or retaining a relevant structure within the meaning of section 169(1) above, or

(b) depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,

to pay a charge to the highway authority if the duration of the works exceeds such period as may be prescribed and the works are not completed within a reasonable period.

(2) For this purpose “a reasonable period” means such period as is agreed by the authority and the person executing the works to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

(3) The regulations may provide

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